(a)

The purpose of this article is to support and guide the proper subdivision of land within the jurisdiction of the town in order to promote the public health, safety, and general welfare of the citizens of the town. This article establishes standards for the division of land and creation of lots. These standards are necessary in order to:

(1)

Ensure proper legal description, identification, monumentation and recordation of real estate boundaries;

(2)

Further the orderly layout and appropriate use of the land;

(3)

Provide safe, convenient, and economic circulation of vehicular traffic;

(4)

Provide suitable building sites which are readily accessible to emergency vehicles;

(5)

Ensure the proper installation of streets and utilities;

(6)

Promote the eventual elimination of unsafe or unsanitary conditions arising from undue concentration of population;

(7)

Help conserve and protect the physical and economic resources of the town; and

(8)

Facilitate adequate provisions for transportation, water, sewerage, and other public requirements.

(Ord. No. 2019-001, 1-9-2019)

These regulations, in addition to those provided in G.S. ch. 160D, shall govern each and every subdivision within the town.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021)

(a)

Any person who, being the owner or agent of the owner of any land located within the corporate limits of the town, thereafter transfers or sells such land by reference to a plat showing a subdivision of such land before such plat has been approved by the appropriate town authority and recorded in the office of the county register of deeds, shall be guilty under subsection 1-6(g): enforcement of Code; not exclusive remedy; continuing, multiple and chronic violations of the General Code of a misdemeanor for which the person is subject to a penalty under G.S. 14-4(a) as provided in table 2: table of penalties for penal violations of Code in section 1-8: table of penalties for penal violations of Code, and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. The town, through its attorney or other official designated by the board of commissioners, may enjoin such transfer or sale by action for injunction.

(b)

The town may enforce the requirements of this article through the civil enforcement provisions available in article III of this chapter, pertaining to zoning.

(Ord. No. 2019-001, 1-9-2019)

Approval procedures for the division of land and creation of lots are provided in article III of this chapter.

(Ord. No. 2019-001, 1-9-2019)

Land-disturbing activities associated with a subdivision shall not take place until all permits required from federal or state agencies are obtained, including but not limited to those required by the state department of environmental quality, NCDOT, U.S. Army Corps of Engineers, and state division of coastal management.

(Ord. No. 2019-001, 1-9-2019)

(a)

Conformity to existing maps or plans. The location and width of all proposed streets shall be in conformity with official plans, maps, and ordinances of the town.

(b)

Continuation of adjoining street system. The proposed street layout shall be coordinated with the street system of the surrounding area. Where possible, existing principal streets shall be extended.

(c)

Reserve strips. There shall be no reserve strips platted in any subdivision.

(d)

Large tracts or parcels. Where land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further re-subdivision.

(e)

Lots. All lots shall front upon a public street or have access via a duly recorded permanent access easement.

(f)

Dimensional requirements. All lots in a new subdivision shall conform to the requirements of the zoning district in which the subdivision is located.

(Ord. No. 2019-001, 1-9-2019)

(a)

Installation of improvements.

(1)

The cost of all improvements shall be at the subdivider's expense. No financial guarantee or performance bond shall be allowed for installation of required improvements. All required improvements shall be installed prior to final plat approval. Approval of subdivision final plats shall be subject to the installation of the improvements outlined herein, where specified.

(2)

All required improvements shall be completed by the applicant or his or her agents and inspected and approved by the building inspector, zoning administrator, or appropriate professional hired by the town. Within 180 days of approval of the final plat, the applicant should make a formal request in writing for acceptance of all public required improvements.

(3)

All required offers to dedicate or reserve for future dedication shall be made clear of all liens and encumbrances on the property prior to consideration for acceptance by the town.

(b)

Permanent reference points.

(1)

Prior to the approval of a major subdivision final plat, permanent reference points shall have been placed in accordance with the following requirements:

a.

Subdivision corner tie. At least one corner of the subdivision shall be designated by course and distance (tie) from a readily discernible reference marker. If a corner is within 2,000 feet of U.S. National Ocean Survey Station or North Carolina Grid System coordinated monument, or town-coordinated system, then this corner shall be marked with a monument so designated by computed X and Y coordinates which shall appear on the map with a statement identifying this station or monument to an accuracy of 1:10,000. When such a monument or station is not available, the tie shall be made to some pertinent and readily recognizable land mark or identifiable point, physical object or structure.

b.

Monuments. Within each block of a subdivision, at least two monuments designed and designated as control corners shall be installed. The surveyor shall employ additional monuments if and when required. All monuments shall be constructed of concrete and shall be at least four inches in diameter or square and not less than three feet in length. Each monument shall have imbedded in its top or attached by a suitable means a metal plate of noncorrosive materials and marked plainly with the point, the surveyor's registration number, the month and year it was installed, and the word "monument" or "control corner." A monument shall be set at least 30 inches in the ground with at least six inches exposed above the ground unless this requirement is impractical.

c.

Property markers. A steel or wrought iron pipe or the equivalent not less than three-quarters of an inch in diameter and at least 30 inches in length shall be set at all corners, except those located by monuments. A marker shall also be set at a point of curve, point of intersection, property corner, point of tangency and reference point unless a monument has already been placed at said points. Additional markers shall be placed at other points as required.

d.

Accuracy. Land surveys within the town shall be at an accuracy of at least 1:5,000.

(c)

Access easements.

(1)

This subsection allows for the limited use of permanent access easements to serve second tier and third tier lots. No more than four lots shall be served by a permanent access easement.

(2)

Subdivisions with four or fewer lots may be served by permanent access easements. New lots may not be created if their sole vehicular access easement shall serve more than four lots. Permanent access easements shall be constructed and maintained in accordance with the standards outlined in subsection 16-92(a).

(3)

To ensure compliance with provisions of this subsection the town requires that plats submitted for review show the types and locations of buildings on each lot served by a permanent access easement or that restrictive covenants limiting the use of the subdivided property in accordance with this section be recorded before final plat approval.

(4)

A final plat for a proposed subdivision, where lots are to be accessed by a permanent access easement, shall contain the following notation: "Further subdivision of any lot shown on this plat that is served by a permanent access easement may be prohibited by the Town of Topsail Beach Land Development Code."

(d)

Streets.

(1)

Prior to approval of a major subdivision final plat, all streets and traffic control devices shall be constructed, unless the installation of permanent access easements are permissible.

(2)

All streets shall be designed and constructed for public use and dedication to the town. To support continued access to public trust areas by citizens and visitors, and in accordance with the public access provisions of the town comprehensive land use plan, new private streets shall not be permitted.

(3)

The design of all streets and roads, including drainage, shall be in accordance with the minimum design and construction criteria for the most recent version of the NCDOT Subdivision Roads Minimum Construction Standards and NCDOT Guidelines for Drainage Studies and Hydraulic Design, unless this chapter establishes a stricter standard.

(4)

Most streets will be constructed in accordance with standards provided for "residential local subdivision roads." Where exceptions/alternative designs may be granted by the district engineer, as specified in the NCDOT Subdivision Roads Minimum Construction Standards manual, instead the subdivider/applicant may submit plans prepared by a licensed professional engineer for an advisory recommendation by the technical review committee and planning board prior to approval or denial by the board of commissioners. The district engineer does not have authority to approve alternative road designs in the town, that authority is under the purview of the board of commissioners following advisory recommendations as specified herein.

(5)

Width and pavement. Subdivisions consisting of ten or fewer lots may install streets with a right-of-way width of 26 feet and pavement width of 20 feet, subject to all other requirements of the state NCDOT Subdivision Roads Minimum Construction Standards manual.

(6)

Intersections. Street intersections shall be as nearly at right angles as possible and in no cases shall be less than 60 degrees.

(7)

Cul-de-sacs. Cul-de-sacs shall not be longer than 500 feet and shall be provided with a turnaround having a roadway diameter of at least 90 feet and a right-of-way of at least 100 feet. Temporary turnarounds shall be paved or graveled in accordance with the NCDOT Subdivision Roads Minimum Construction Standards and only the right-of-way width shall be dedicated to the town.

(8)

Alleys. All alleys shall be constructed in accordance NCDOT Subdivision Roads Minimum Construction Standards.

(9)

Blocks. Block lengths shall not exceed 1,500 feet nor be less than 400 feet. Block size is to allow for two tiers of lots of minimum depth.

(10)

Street names. Proposed streets, which are obviously in alignment with others existing and named, shall bear the assigned name of the existing streets. In no case shall the name of proposed streets duplicate or be phonetically similar to existing street names, irrespective of the use of the suffix, street, avenue, boulevard, drive, place, court, etc. Street names shall be approved by the county E-911/GIS.

(11)

Traffic control devices. The construction of all streets shall be constructed using traffic control standards as designated in the "Manuals on Uniform Traffic Control Devices", "North Carolina Supplement to the Manual on Uniform Traffic Control Devices", and the "North Carolina Highway Design Branch Roadway Standard Drawings."

(e)

Access to sound and/or ocean recreation areas.

(1)

Within proposed major subdivisions, all cross island street rights-of-way, including those rights-of-way perpendicular or nearly perpendicular, shall extend, full width, to the sound (Banks Channel) and/or ocean mean high-water marks.

(2)

All major subdivisions of land contiguous to the sound and/or ocean shall provide public access to the sound and/or ocean through a public right-of-way of not less than 20 feet in width. Such access shall occur at a maximum of 400-foot intervals to provide public access to the sound and/or ocean; these public access rights-of-way are to be dedicated to the town by the subdivider.

a.

All dwelling units in the subdivision and residents in the immediate area shall have access to and from the dedicated land provided by means of streets and public walkways or trails.

b.

Rights-of-way for this access shall be shown on the preliminary and final plats.

(f)

Utilities.

(1)

All utilities (including, but not limited to: electric power, telephone, gas distribution, cable television, potable water, sewer, etc.) located outside an existing street right-of-way and intended to serve new development shall be underground. Power lines are not required to be buried if (1) the power lines existed above ground at the time of first approval of a plat, whether or not the power lines are subsequently relocated during construction of the subdivision or development plan or (2) the power lines are located outside the boundaries of the parcel of land that contains the subdivision or the property covered by the development plan.

(2)

Whenever a subdivision includes water, sewer, electrical power, telephone, or cable television utilities intended for operation by a public utility or entity other than the subdivider, the subdivider shall transfer all necessary ownership or easement rights to enable the public utility or other entity to operate and maintain the utilities.

(3)

Every principal use and every buildable lot in a subdivision shall be serviced by a means of water supply that is adequate to accommodate the reasonable needs of such use or lot and that complies with all applicable health and state department of environmental quality regulations. Connection to the town water system shall be required in the event a town water main is available for use. Requests for extensions of the town water system to serve a proposed subdivision shall be approved by the board of commissioners.

a.

Water mains shall be installed in accordance with town specifications and standards and designed by a registered engineer.

(4)

Every principal use and every buildable lot in a subdivision shall be served by a wastewater system that complies with all county environmental health, town, and/or state department of environmental quality standards.

a.

Should private sewage systems be provided, such shall meet the requirements of county environmental health and/or the state department of environmental quality.

(5)

Utility and drainage easements shall be provided as follows:

a.

Utility and drainage easements shall be provided along lot lines and shall be at least five feet in width on either side of the lot line.

(g)

Fire protection standards.

(1)

All development serviced by the town water supply system shall include a system of fire hydrants sufficient to provide adequate fire protection for the buildings located or intended to be located within the subdivision. Fire hydrants shall be located in a manner that ensures hydrants are spaced a maximum of 1,000 linear feet apart and every portion of lot frontage is within 500 linear feet of a hydrant. The fire chief may authorize or require a deviation from this standard if, in the opinion of the fire chief, another arrangement more satisfactorily complies with the intent or standards in this chapter.

(2)

Unless an alternative placement is specified by the state building code or the fire chief, fire hydrants shall be placed six feet behind the curb or within ten feet of the pavement edge of a street without curbing.

(Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-04-12, 6-17-2021)